Islamic Inheritance: Distribution of Shares for Wife, Sons, and Daughters
Question
It was asked regarding Muhammad Malook, who, while in full sound mind, gifted one acre of land to his wife. He also made a will that after his death, his wife should be given her share from his estate as well. After his death, the heirs included:
◈ Wife
◈ Four sons
◈ Two daughters
How should the estate be divided according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
It should be noted:
① The one acre of land gifted (hibah) to the wife will be set aside first.
② The will (wasiyyah) will be executed, but only up to one-third of the estate.
③ The remaining estate will then be distributed among the heirs according to Shari‘ah.
Distribution of Inheritance
Total estate (excluding the gifted land) = 1 rupee
Wife’s Share
Allah Almighty says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ [al-Nisa]
“If you leave behind children, then for them (wives) is one-eighth of what you leave.”
◈ Wife receives 2 annas (⅛ = 12.5%).
Children’s Share
Allah Almighty says:
﴿يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ [al-Nisa]
“Allah instructs you concerning your children: for the male is the share of two females.”
◈ Remaining 14 annas are divided into 10 shares:
- Each son receives 2 shares.
- Each daughter receives 1 share.
Modern Decimal Calculation
Total estate = 100%
| Heir | Share (fraction) | Share (%) |
|---|---|---|
| Wife | 1/8 | 12.5% |
| 4 Sons | Residuary | 70% (17.5% each) |
| 2 Daughters | Residuary | 17.5% (8.75% each) |
Conclusion
- The gifted one acre of land belongs solely to the wife.
- From the remaining estate, the wife receives 12.5%, while the children share the rest: sons receiving double the daughters’ share.
ھذا ما عندی، واللہ أعلم بالصواب
